U.S.

Department of Justice Criminal Division

Office of Enforcement Operations

Washington, D.C. 20530

CRM-201000402F Ms. Anne L. Weismann Chief Counsel Citizen for Responsibility and Ethics in Washington 1400 Eye Street, NW, Suite 450 Washington, DC 20005 Dear Ms. Weismann:

JAN 17 7I

This is our final response to your Freedom of Information Act request dated May 27, 2010. In your request you asked for records dating from January 23, 2009 to the present concerning DOJs investigation of Staff Sergeant (S SG.) Joe Hickmans allegations regarding the events occurring at the Guantanamo Bay Detention Facility (Guantanarno) on the night of June 9, 2006 and the investigation of those events by the military officials. Specifically, CREW seeks the following: 1. All records that relate to or reflect the final conclusions of the DOJ Criminal Divisions Domestic Security Sections investigation of SSG Hicknians allegations. 2. All records that DOJ officials consulted, drew on, or relied on in order to reach those conclusions. 3. All records that relate to or reflect any and all interviews, depositions, conversations, discussions, meetings, or other communications, whether in person, by phone, mail, instant message, email, or any other method, between the Criminal Divisions Domestic Security Sections investigators or DOJ officials, including but not limited to Rita Glavin, Steven Fagell, as listed and Teresa Mc Henry, and any of the following people. specifically (i) thru (xii) in your request.
. .

We have processed your request under the Freedom of Information Act and will make all records available to you whose release is either required by that statute, or considered appropriate as a matter of discretion. We are releasing forty-six (46) pages in part and we are withholding six (6) pages in full based on the following FOIA exemptions:

Exemption 5, which permits withholding inter- or intra-agency documents that would not be available in litigation (i.e., privileged attorney-client communications, attorney work products, and/or deliberative materials). 5 U.S.C. 552(b)(5). Exemption 6, which permits withholding personnel, medical, and similar files when disclosure would constitute a clearly unwarranted invasion of personal privacy. 5 U.S.C. 552(b)(6). Exemption 7(C), which permits withholding records or information compiled for law enforcement purposes when disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy. 5 U.S.C. 552(b)(7)(C). Approximately 315 pages were determined to have originated with the Department of Justice (DOJ) Office of the Public Affairs (OPA). Under the FOIA, the agency that created the record is responsible for its processing. Therefore, we have referred these pages to the Office of Information Policy for processing and direct response to you. For your follow up purposes, the contact information for the Office of Information Policy (which processes records for the Office of the Public Affairs) is as follows: Carmen L. Mallon Chief of Staff Office of Information Policy Department of Justice Suite 11050 1425 New York Avenue, N.W. Washington, DC 20530 If you treat this response as a denial of your request, you have a right to an administrative appeal of this determination. Your appeal must be in writing and addressed to: Office of Information Policy United States Department of Justice 1425 New York Ave., N.W., Suite 11050 Washington, D.C. 20530-0001. Both the envelope and appeal letter should be clearly marked FOIA/PA Appeal. Department regulations provide that such appeals must be received by the Office of Information Policy no later than sixty days (60) from the date of this letter. 28 C.F.R. 16.9. If you exercise this right and your appeal is denied, you also have the right to seek judicial review of this decision in the U.S. District Court for the District of Columbia or the federal judicial district in which (1) you reside, (2) you have your principal place of business, or (3) the records denied are located. If you elect to file an appeal, please include the Criminal Division file number above in your letter to the Office of Information Policy.

Please call Bellenia Jackson at 202-616-0307 if you have any questions. Thank you for your interest in the Criminal Division. Sincerely,

Rena Y. Kim, Chief Freedom of Information Act/Privacy Act Unit

Enclosure(s)